Matter of Cappellino v. Baumann & Sons Bus Co. (Motion for leave to appeal granted on November 18, 2010)

52 A.D.3d 1058 (3d Dep’t 2008)

This particular appeal has been in the works for quite some time.  It concerns an important Workers’ Compensation Law issue — i.e., what evidence will rebut the presumption of compensability in the context of an unexplained death.  Even were a death that occurs during the court of employment is unexplained, a claimant is entitled to a presumption of compensability.  However, the Appellate Division  has held that such a presumption may be rebutted by an employer with “substantial evidence to the contrary.”

 In Matter of Cappellino, the claimant’s decedent sustained a fatal heart attack while walking through his employer’s bus yard.  After a series of hearings, the Workers’ Compensation Board rendered a decision finding no causal relationship between the decedent’s death and his employment.  An impartial specialist who reviewed the decedent's medical records opined that his death was unrelated to his work activities. This opinion was based upon the decedent's documented medical history which included diagnoses of high blood pressure and high cholesterol and noted a strong family history of coronary artery disease. In addition, these records revealed that the decedent had been a chronic smoker, was markedly obese and had a permanent tracheostomy for obstructive sleep apnea. He had suffered two prior heart attacks for which he had been treated with intracoronary stent insertion and coronary balloon angioplasty.

The claimant submitted contrary medical proof on the issue of causation.  Nevertheless, the Appellate Division concluded that the Board’s determination that the decedent’s fatal heart attack was not work related is amply supported by substantial evidence.

The Court of Appeals on this appeal will address the novel issue regarding rebutting the presumption of compensability.